Gordon v. Clapp

38 Ala. 357

Opinion

STONE, J.

We are not informed on what principle the plaintiff was permitted to prove his own declaration, made in the absence of the defendant, to the effect -“that he would not do the work under the contract with Barnard, but that he looked to the defendant individually for his pay.” The general rule is,, that a party’s ex-parte statements cannot become evidence for himself. To that rule there are exceptions, one of which is, that what a party says, contemporaneously with an act done, and explanatory of its nature, may be given in evidence as part of the res gestae. To bring a case within this rule, the declaration must be so connected with the fact it is sought to explain as to illustrate its character. — 1 Greenl. Ev. § 108. In the present case, the declaration was not at all explanatory of the work and labor done;. and hence we hold, that the declaration formed no part of the res■ gestae. We know of no principle of law on which .it.was admissible, and hold that the county court of Montgomery erred in its admission. — See Sanford v. Howard, 29 Ala. 684.

Reversed and remanded.